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I'm not saying she's wrong, but:

In patent claims, "comprising" and "consisting of" are different:

6,151,604 claim 1 is:

1. A data storage and retrieval system for a computer memory, comprising:

means for configuring said memory according to a logical table, said logical table including: ...

6,151,605 claim 1 is:

1. A method for allowing a software application to access a configuration file, said configuration file comprising data used by said software application, comprising the steps of:

providing a configuration processing library, said configuration processing library comprising ...

===================

You almost never use "consisting of" in writing claims.

https://patentfile.org/patent-writing-tip-comprises-vs-consi...



Claim language is very specific:

A claim for an invention "comprising" A, B, and C also generally claims inventions that include other elements. Such claims are usually within the statuary categories of processes, machines, or articles of manufacture.

A claim for an invention "consisting of" A, B, and C, however, does not generally claim inventions that include other elements. Such claims are usually usually within the statutory category of "compositions of matter" which includes such things as useful drug or chemical mixtures.

Here's a link to the relevant U.S. Manual of Patent Examining Procedure (MPEP) section:

https://mpep.uspto.gov/RDMS/MPEP/e8r9#/current/d0e200824.htm...


Note that this is using the word "comprising" correctly, so is irrelevant to the topic of the incorrect usage.


TBH, I found her article intolerably tedious, so I didn't study it all.

I did notice she singled out "comprising of" for abuse, which it definitely deserves. In a claim you write "comprising" or "comprised of."




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